FG counsel wants Saraki arrested

The trial of Senate President Bukola Saraki for alleged “false declaration of assets” has commenced at the Code of Conduct Tribunal in Abuja, despite an order of the federal high court momentarily halting the process.

Saraki is absent but is represented by his legal counsel, Mahmud Magaji.

The prosecuting counsel, MS Hassan, prayed the tribunal to issue a bench warrant against Saraki for failing to appear after being summoned.

‎He specifically requested that Saraki should be arrested within two hours and brought to court.

In defence of Saraki, Magaji argued that the prosecuting counsel, who is a deputy director at the ministry of justice and who signed the charges against the senate president, has no locus standi on the matter.

He contended that charges could only be brought against Saraki by the attorney-general of federation, who is yet to be appointed.

Consequently, Magaji‎ prayed the court to strike out the case.

Magaji, a senior advocate of Nigeria (SAN), drew the attention of the tribunal to the interim injunction‎ of the federal high court temporarily halting the trial.

He argued that the trial could not proceed because the ministry of justice, the chairman of the tribunal‎ and CCB were all named as defendants in the pending suit before the high court.

However, ‎the prosecuting counsel argued that Saraki’s counsel had no right to object to his prayer for the arrest of the senate president since he was not present in court.

He asked the court to dismiss to application of the defendants, adding that the law does not state that only the attorney‎-general can institute criminal proceedings against anyone.

“It is not exclusive to the attorney-general alone to institute criminal proceedings. An officer in his department can do so as well,” he said.

Hassan further argued that the high court does not have supervised jurisdiction‎ over the tribunal, hence an injunction from the high court does not subsist.

He reiterated his prayer to the court for the arrest of Saraki, saying: “The accused cannot be in the comfort of his house and expect his lawyers to the job for him.

“We urge this court to issue a bench warrant for the arrest of the accused person because objection cannot be taken in absentia.”

The tribunal then adjourned.